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In Jail Despite Bail: Administrative Inertia and the Unenforced Right to Personal Liberty
WHEN A COURT GRANTS BAIL , it makes a judicial determination that the liberty of the accused may safely be restored pending trial. Whether that determination takes effect, however, depends upon an administrative sequence that follows the order, over which the accused exercises no control. Where that sequence fails, the order of release remains on file and the person to whom it relates remains in prison. The Supreme Court addressed this precise failure three years ago. In In Re: Policy Strategy f
21 Oct 2026 3:21 pm